When addressing asylum claims, refugee status must be recognised when there is a well-founded fear of persecution for any of the reasons foreseen in the 1951 Refugee Convention. Assessment for an asylum request fundamentally needs careful consideration of the facts and personal circumstances of the asylum seeker, as well as an analysis of the nature of the risk. The criteria of this test does not have to be restrictive, it is sufficient that the competent authority has a rational belief that the requirements are met for the purpose of receiving refugee status.

The risk of persecutions should be assessed only on the basis of the current state of affairs or a prognosis of the situation in the foreseeable future, based on documented facts and not on general hypothesis regarding potential changes with no probability assessment. There is no doubt that in Ukraine there is a serious crisis, because of armed conflict in the part of the country, but for now there is no real risk that the conflict will cover the whole country.The applicant is a member of a protestant church, while the dominating religion is orthodox. This circumstance should be duly taken...

The degree of indiscriminate violence in certain parts of Iraq was such as to expose persons to a real risk of serious harm within the meaning of Article 15(c) of the Qualification Directive merely due to their presence there.However, other areas of the country (including Baghdad City) did not meet this threshold, and as such, Iraqi nationals could be forcibly returned to these areas as it would not generally be unreasonable or unduly harsh for them to internally relocate there.

The statement that the applicant can relocate within his country of origin is based solely on general information on Ukraine, without paying attention to his personal circumstances and conditions in the places he could be expected to settle in.In the decision there is no reference to the applicant’s age, occupation, family situation, employment and housing opportunities, as well as his registration and the level of assistance he could benefit from if returned. The burden of proof to show that the personal circumstances of the applicant are not sufficient to counter a refusal of international...

When due to security reasons an individual cannot be allowed to return to his home where he has lived most of his life, the State has to adopt any other available positive measure to restore his property rights or to provide him with compensation in an appropriate time. Otherwise a violation of both Art. 8 of the Convention and Art. 1 of Protocol No. 1 may occur.

The Voivodeship Administrative Court found that the conflict in Ukraine is not an armed conflict as defined in the provisions relating to the grant of subsidiary protection. Even if the applicant was attacked by some persons he did not know, his obligation was to seek assistance in his country of origin, even if obtaining assistance would seem illusory and not realistic.Granting refugee status is not justified by the living conditions or economic situation of the applicant, but only by the existing fear of persecutions in the country of origin. The state and regional authorities help...

‘Internal armed conflict’ in the context of international protection means armed groups confronting each other or the State armed forces, and is defined independently of international humanitarian law. No special conditions apply regarding intensity, organisation or duration of conflict.

The Applicant's claims that he would be in danger in Syria because of the civil war there were accepted, because he was a Christian and is considered an enemy by both sides and because he left his country illegally and applied for international protection. The Applicant's fear of being killed as a non-combatant in the civil war was considered to be well-founded. It was considered that there was a reasonable chance that he would be arrested and mistreated since the Syrian state would perceive him to have political beliefs since he had lived abroad and would be considered to be opposed to the...